2 ASSOCIATION ACTIVITIES Northern Section Meeting held in March hosted by George Sensabaugh of the University of California, Berkeley. Dr. Dennis Lindley, a visiting scholar from England, gave an entertaining and provocative talk on the use of probabilistic statements in court. Soujhern Secti-on Meetings Amy Wong of the Ventura County Sheriff Crime Laboratory deserves the credit for the organization and planning of a very successful meeting hosted by her l-aboratory on Decernber 16, L982. The meeting was preceded by a tour of Venturars new laboratory facilities and meetings of the Serology, Drug and Trace Evidence Study Groups. The guest speaker for the dinner meeting was Attorney Richard E. Erwin, author of DEFENSE OF DRIJNK DRIVING CASES. l,ir. Erwin spoke on "Changing Technology" analysis and the shortcomi-ngs (from the view point of the defense) of the varj,ous instruments that have been employed through the years. Los Angeles County Sherifffs Crime Laboratory hosted the meeting on Thursday, March 3, 1983 at the Saddleback Inn in Norwalk. The guest speaker was Mr. A1 Lyter who has recently moved to Southern California from Washington, D.C. where he was ernpl-oyed by ATF as an ink and paper analyst. Mr. Lyter spoke on methods of analysis and sources of information and standards relating to ink and paper. Trace Evidence St"aV Cro"p - Nortb and Februaty ae Forensic Science Associates. The trace evidence key classification system was the principal topic of discussion at both meetings. Bruce Moran prepared a trace evidence sample set which was di.stributed for analysis. Anyone wishing to look at the sample set or the key system should contact Bruce Moran or Pete Barnett. Trace Evidence St"aV Cro"p - So"tn met on December L6, L982 at the Ventura CounLy Sheriff Crime Lab. Loren Sugarman, Frank Cassidy, Ernie Kuo, Duane Mauzey and Craig Ogino each presented cases andfor helpful hints for trace evi-dence analysis. The Study Group met again on March 3, 1983 at the Saddleback Inn in Norwalk. Carol Rhodes demonstrated a method for preparing wood samples for microscopic examination. Everyone had an opportunity for hands on experimentation with the technique. Jirn White led a discussion on glass conparison methodologies currently being used by Southern Sectj.on Laboratories. Serol-ogy Study Group - South The Serology Study Group met on December L6, L982 at the Ventura County Sheriff Crime Lab. Dan Gregonis from San Bernardino County Crime Lab volunteered to be the new chairrnan of the study group. Arnie Bergh spoke about "Rocket Electrophoresis" and the remainder of the meeting was spent discussing techniques currently in use in various labs and choosing topics for future meetings.

3 The Study Group met again on April 7, 1983 at Orange County sheriff crime Lab. The guest speaker was Attorney John Barnett. Mr. Barnett was a public defender for 6 years and has spent the past 3 years in private practice speciallzj:ng in criminal defense. lle spoke about his approach to the defense of cases involving Forensic Serology. Drug Study Group - South The Drug Study Group met on December L6, L9B2 at the Ventura County Sheriff Crime Lab. Darrell Clardy, Orange County Sheriff's Department and Ray we11s, Los Angeles Sheriffrs Department agreed to co-chair this group. The following topics were discussed: 1. analytienl approaches to recent cases of contaminated foods and drugs 2. reeent drug preparations encountered in Southern California and the new drugs to be scheduled under H&S in January Duane Mauzey spoke on 'rderivative Spectroscopy: Theory and Application to Controlled Substance Analysis" The Study Group met again on April 7, 1983 at the Orange County Sheriff Crime Lab. Ray Wells and Darrell Clardy spoke on the "Takedown of Clandestine Methaqualone Labs't. EMPLOYMENT OPPORTUNITIES Evidence Technician - El Caion Requires two years of co1-lege with course work in related areas. Contact. Personnel Department, 200 Cajon, CA before 31- May, criminalistics or E. Main St., El Criminalist II - Santa Ana Requires BS or BA in criminalistics, chemistry, biochemistry, biology or related field plus two years forensic laboratory experience. Contact Personnel Dept. yl24, 20 Civic Center PLaza, Santa Ana, CA 9270L (7r4) 834-4L54. Criminalist III - Santa Ana ina1istics,chemistry,bioc'hemistry,bio1ogy or related fiel-d, plus four years field and forensic laboratory experience. A masterrs degree may be substituted for I year experience. Contact Personnel Dept. Y124,20 Civic Center Plaza, Santa Ana CA 9270L. (7L4) 834-4Ls4. Criminalist Consultants (2 Positions) - Seattle, Wash One position is for a serologist, the other for a general criminalist. Both positons require a BS or BA in criminalistics or a natural or physical science plus five years bench experience. A masterfs degree may be substituted for one year experience. In addit:-orr, the positions require formal training and practical experience in microscopy and competency in toxicology (blood alcohols). Contact Director, Quantum Analytical Laboratory, 507 Third Ave. llli64, Seatrle WA

6 ETHICAL DILEMMA Peter D. Barnett Forensic Science Associates In last months ethical di'lemma the issue of the courtroom conduct of a Criminalist was raised in what, I hoped, was a somewhat lighthearted fashion appropriate to the holiday mood prevailing at the time the last column was written. (Unfortunately, it seems that many of the readers do not share my own rather obscure sense of humor as is apparent in some of the replies which are quoted below.) This month I would like to address a related issue: The question of the credentials given by an expert witness in giving his qualifications in Court. Technically, a witness must establjsh his qualifications, first, for the Court to allow the judge to bestow the magical title of "expert" on the witness. This, however, is merely a pro forma excercise since, with rare exceptions, a witness who has either (1) previously testified as.an expert somewhere, or (2) is employed in a crime laboratory will be qualified by the Court as an expert. The expert's qua'lifications, then, which are given in so much detail are not for the Court's review, but to impress the Jury with the breadth and depth of the witness' training and experience. One of the primary pieces of jnformation which is elicited from the witness concerns his College or University training and degrees. The witness is expected to recite'a course of study ultimately leading to one or more degrees which, it is presumed, make him more expert than the ordinary person in the examination of evidence. The witness' obligation in outlining his educational achievements for the jury is to do so in a way so as to not mislead the jury. It is, of course, entirely appropriate and advisable for the witness to "put his best foot forward" and to state his qualifications in the most favorable manner which does not give rise to a false impression as to the nature or extent of the witness' experience or training. There are, of course, college degrees of many sorts. In the State of California nearly anyone can start a school and give degrees for whatever reason they want. This is permitted specifically by the Education Code of the State of Calif,ornia. 0ther institutions may grant degrees such as the Doctor of Divinity degree offered by the Universal Life Church. More legitimate'ly, there are institutions of higher education which are accredited by-various accrediting bodies. Recent'ly, there have been a large number of so-called atternative colleges established. These institutions general'ly offer various advanced degrees which give credit for "life experience" of the student and which are ta'ilored to meet the specific requests of the student. Generally, the student pays a fee ranging from a few hundred to a few thousand dollars, proposes a "course of study" which is accepted by the school, and, after completion of the course of study, is granted the degree called for in the students contract with the school

7 Ethical Dilemma It 'is possible, for example, -to get a "Ph. D. 'in Forensic Science" from such a'school.- The course of study would never include attending classes at the school, the faculty of the school would not include anyone who is even remote.ly familiar with the field of forensic scirence' no specifjc course work woirlo be required, and_the "dissertatjon" wou.ld be fir below what would be considered acceptable in an accredited institution. The student would get credit for work experience whieh would fulfill all of the degree requirements except for writing the dissertation. The dissertation woul'd not be reviei,red and accepted by a critical panel of referees. Nevertheless, the student would hold a degree, legal'ly granted. by the school, of "Ph. 0.". When testifying, then, the witness could state t-hat he had a "doctorate degree in forensic scjence" from such-and-such an inititution. This is bound-to sound fairly impressive to the naive iury. Assuming the above situation, w!at-are the gtllqa'l responsibilities of the witneis, und what are the ethical responsi.bilities of the witness' 'laboratory supervisor. Is it misleadine for the witness to state that he holds a d6ctoiate in forensic science when that degree is legally granted but would not be recognized in the academic community as having been granted UV an iciaemically aciredited institution? Does the supervisor have a reiboniibility to e'nsure that the criminalist does not claim to have a.degree whiif ifre s"uperviioi realizes is not a legitimate degree? Would it be proper for the criminalist to sign reports as "John Q. Criminalist, Ph.D."? As indicated in the'introduction to this column, the last column produced a flurry of responses..most of the respondenls fplt that there irui nottring impri,per about the criminal'ist taking his daughter_to court. One anonymous i^eibonse siated, "If the defense lawyer takes the child's presence as a tactic by the prosecut'ioh that is h'is..prob'lem and not the trirninalist's or the court's." Dave Sanchez said, "The courts are open to spectators whether children or adults. I can see 19-good reasgn to J.nV'if,.i. rights to children of criminalists. The child does not prevent i il,orough and complete cross-examination. The defense attorney's attitude prevents it. " Margaret Kuo commented, "I!'r prepos.terous to suggest that a criminalist would nring-i Cf,ita to couri soley is a Aetense mechanism. Then if the defense attoiney should be intim'idaied by a 4 year o1d, (then) h.'s in the *"6ng il;i;;;;. " -Ar[ terkelson took a- somewhat different view: "It is rath6r remarkable that a crimjnalist should resort to a trick to keep.off the hot seat, Oui ii he did take his child with that expectation it shows a deeper proble*. (He) needs to look at his iob expectations and set new goals'so ire can be prepared for cross examination." A number of the writers suggested that the problem must have been one of a lacl of a Uanyiiit.r. tn i6e particular case, however, the witness

8 Ethical Dilemma was testifying hundreds of miles from home in a different state so the inability to locate a babysitter was probab'ly not the reason the child was in court., Some writers doubted that the presence of the child in the court would have an intimidating affect on the lawyers. Chet Young stated, "Lawyers and judges are intelligent and skilled people who can easiiy have the child removed if the child is viewed as a potent'ial hazard to their cases...it'is my feeling that the witness has little to worry about if a good job was done on the case and if the lawyer asks relevant technical questions and does not engage in a vitriolic persona'l attack on the character of the witness," Jim Starrs commented, "I sincerely doubt that a seasoned defense attorney could be taken in so handi'ly. First, the 4 year old would probably be such a nuisance...that the judge would take action on his own to exclude her from the courtroom. Dogs are excluded from courtiooms for similar reasons of decorum". Starus continues, suggesting that "the defense attorney could hoist the Criminalist and the prosecutor by their own petard--the 4 year old. (The defense attorney) could point out that her presence suggests some inherent weakness in the crim'inalist's testimony which needs bol stering. " Finally, severa'l respondents, while denying that the presence of the child was intended to or could have intjmidated the defense attorney, offered the services of their children and, in one case a pregnant wife, for such intimidation.

9 8a Responsgto the April Ethical Dilemma The criminalist is entitled to use the degree in establishing his qualifications in court and in his reports. :,. lne crtm'tnalist would violate section of the CAC Code of Ethics if he uses the degree t6-sdlster-his opinion. The criminalist's supervisor has an ethical responsibility to prevent the criminalist from using the degree. Comments: Return To: Peter Barnett Forensic Science Associates P. 0. Box 8313 Emeryville, Calif

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